What is a Job description?
Job descriptions have essential functions due to the qualifying questions on an employment application. We will discuss the Job Description Law here. It can certainly adhere to your company’s labor and employment laws, but it doesn’t mean it has legal requirements. A job description typically includes the tasks, duties, and expectations for the person in the position, indicating their job role in the Organizations. It also establishes guidelines for the employees’ performance, which will help them during the appraisal time. It is one of the important communication tools an employee can use as it always helps them note their specific role unless they are forced to perform unethical tasks, which an employer is foolish to require. An employer can change his job description whenever convenient to the company as the employment laws favour the employer during changing the job description. A Change in the job description sometimes requires negotiation with a union or the employees. In most cases, the employers have the right to change the job description to meet the organization’s needs.
Job Description Law
Is it possible for Employer to change the job description of employee under the will?
Firstly an employer doesn’t have to provide an employee with a job Description as the employees are hired per their will as this means their job is voluntary and they can quit any time they want. The employer can also change their job description to add more additional duties if they are hired “At-will employment” as the companies can lay them off or change the employee’s duties pay, title, hours, and more as these can apply in the future too.
So it is said that an employer can change the job’s nature by altering the job description by adding some extra duties, but it doesn’t mean that employers can give the extra role or change the employee’s duties with his consent. He has to follow the company’s desire, and then the instructions and consultation process will need to be instigated.
The legal requirement is to provide an employee a statement of terms within 2 months of starting, which includes the title of the job the employee is employed to do a brief description of the work. It is said that many employers include a clause in the employment contract which states that as the role develops, the employer can amend the role to meet the needs of the organization.
For example, if an employee has appointed an employee for the typing job, which includes various administrative duties and any such duties which include appropriate decisions made by the company within the clause, it is also included that an employer can change the employee’s job description to work on the reception desk which provides contractual flexibility without the consultation of the employees to work on the particular job that employer has asked.
But the employer should not need to be unreasonable. If this was about to be the company’s decision, the employee could work on terms with their consent, and the company will instigate the restructuring process. Employers are told to give prior advance time to employees in case of a change of duties they perform to prepare for the role. If any loss happens to the employees, then employers have to pay compensation to their employees.
Employees Covered by a Contract
Many contract terms are varied according to time by mutual consent. An employment contract that has been negotiated through the unions contains stipulations covering employees’ rights from a specific set of works roles and conditions. If the employee’s job is covered under the employment contract, then the employer cannot change the job description without the Union’s consent as it will be termed as breach of contract.
However, not every union contract explicitly covers changes in job duties. In some situations, an employer can make changes with the consent of the Union team of members. Employees voice their right to the untimely changes in their work as many contract clauses are written. But in some contract terms, it happens to permits the employer’s role in making unilateral changes without the employees’ agreement. For example it might be said like this that any changes can be made to reflect the need of business Performance. And even if this kind of contract clause happens with you, it is still necessary for the employer to ask for your consent. As your employer cannit breach the contract or break your trust.
Special Interest Law with Protection Afforded for the Employees
A special interest law is developed to protect the employees from any specific job description changes. The employer doesn’t have the right to change the job description or break the law under any circumstances. For example, the Americans with disabilities act give protection to special needs employees in the workplace. The employer cannot force the employees to work overtime in their physical performance as this would be termed as illegal for the tiresome work.
Best Practice for Job Descriptions
Most of the employment law for the job description is either the employer’s role in making changes in the job description of the employee or the employees can leave the work with that consent if the job title doesn’t suit their needs relationship is termed ” At will”. Job descriptions’ best practice is to make time for yourself with the supervisor and discuss your job description on updating it or talking about appraisal either by call or in-person annually. As this will increase the bond between them, the employment relationship will bear fruits when the law doesn’t provide guidance. Sometimes a disclaimer might claim on the Jon description for employees to perform certain duties and sometimes extra duties during occasions. Still, they should not let the employees work more far out of their expertise. The company can exercise their employment At-will rights at any time.
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